I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.

Organization for Security and Co-operation in Europe

Office of the Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Dr. Maria Grazia Giammarinaro

OSCE Special Representative and Co-ordinator

for Combating Trafficking in Human Beings

Commission on Security and Cooperation in Europe

Hearing

“Ten Years of Action against Trafficking in Human Beings”

Washington D.C., 17 September 2013

Honourable Chairperson/s,

Distinguished Members of the Commission,

I am delighted and honoured to testify today before the Helsinki Commission of the United States Congress in my capacity as the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

In 2003, the position of Special Representative and Co-ordinator for Combating Trafficking in Human Beings was established as a high-level mechanism to promote the implementation of the OSCE Action Plan and other commitments on combating trafficking in human beings in all the 57 OSCE participating States. The mandate of the Special Representative is to work with the representatives of governments and Parliaments, as well as judiciary of the participating States; to catalyze the exchange of best practices; to provide technical assistance when requested, especially in the field of training and capacity building; to report on anti-trafficking developments in the OSCE region and to raise the public and political profile of the fight against trafficking in human beings.

Since 2000, the OSCE has adopted important political commitments on an almost yearly basis to continually strengthen our efforts to combat trafficking in human beings. This includes the 2011 Vilnius Ministerial Declaration on Combating All Forms of Human Trafficking , co-sponsored by the United States and the Russian Federation, which acted as a catalyst for our Office to intensify its activities in many respects and reaffirmed our full commitment to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

I have served as the Special Representative for most of the past four years and I am now in the final year of my work at the OSCE, which began when I took office in March, 2010.

Before I begin, I would like to thank the United States of America for its strong support of my Office during the past four years, and thank the Helsinki Commission and its Chairman, Senator Benjamin L. Cardin and Co-Chairman Congressman Christopher H. Smith for holding this hearing today, and I would like to also thank Ambassador Luis CdeBaca for his leadership in co-ordinating the U.S. Government’s fight against contemporary forms of slavery on both the domestic and international levels.

This session is mostly dedicated to a review of the activities of my office during my tenure as Special Representative. I will also focus on the work of the OSCE to combat trafficking in human beings prior to the start of my work and outline some areas where the Organization can focus its efforts in the future. This includes an Addendum to the original Action Plan to Combat Trafficking in Human Beings intended to complement the existing commitments and recommendations by providing participating States with an updated and more comprehensive toolkit to increase their capacity in combating all forms of trafficking in human beings that takes into account the evolving nature of this crime and human rights violation.

I will begin by touching upon two issues: the state of play in the struggle against trafficking in human beings, and the major challenges we will combat going forward. In my assessment of the state of play I will take into account a number of elements: government action, issues surrounding the increase in trafficking globally, and factors that, if implemented, can increase the effectiveness of anti-trafficking action, as well as ideas that will allow us to create a second-wave of anti-trafficking action.

1. Assessment of the state of play

1.1. Governmental action

It is clear that many efforts have been made by governments of the participating States throughout the OSCE region since 2000, with the fundamental contribution of NGOs, as well as with the support of international organizations including the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive, human rights based approach to combating trafficking in human beings.

Over this period, there have been many visible and encouraging achievements. The key indicators of the level of political will include the ratification of international instruments, the adoption of national legislation, the establishment of national anti-trafficking mechanisms, and the allocation of adequate financial and human resources for their implementation.

Concerning the ratification of international instruments, the Palermo Protocol to the United Nations Convention against Transnational Organized Crime has been ratified since its adoption in 2000 by all but one of the OSCE participating States. At the regional level, the Council of Europe Convention on Action against Trafficking in Human Beings (2005), in force since 1 February 2008, has been ratified by 40 Council of Europe member States to date and has been signed by 43 States in total.

Since 2000, the vast majority of the 57 OSCE participating States have integrated anti-trafficking legislation into their national legal framework, meaning that almost all have specific legal provisions on combating trafficking in human beings.

Another important indicator of the political will is the establishment of anti-trafficking machinery and the allocation of sufficient resources to make it function. A majority of participating States have set up anti-trafficking National Co-ordination Mechanisms or similar inter-ministerial bodies to co-ordinate activities among State agencies and NGOs. Increased resources through greater budgetary allocation are essential to better fund such activities . A key element for allocating resources, setting benchmarks, strategic priorities and concrete actions is the National Action Plan. Such Plans, or an equivalent co-ordinated policy/programmatic response have been put in place by a majority of participating States. The effectiveness of the anti-trafficking machinery depends on its actual implementation, and in particular on the human and financial resources dedicated to the functioning of these structures. In practice, for example, many National Co-ordinators are not engaged on a full-time basis with an official job description, and they often lack sufficient staff and budgetary funding.

Awareness–raising activity to combat human trafficking is important and has been a priority of mine and has strengthened over time since the establishment of the Office of the Special Representative in 2003. I have paid particular attention to the development of close co-operation with the media and I believe that the influence of the “fourth power” in the prevention of modern-day slavery, awareness-raising and in decreasing the vulnerability of most disadvantaged groups of the population, is as crucial as the media’s engagement in the creation of a climate of zero tolerance towards human exploitation in any society.

Reaching out to the next generation of journalists is another key aspect of my awareness-raising activity. I have conducted interviews with student journalists and met with student groups across the OSCE region and launched a project in Russia to establish a special course on “Trafficking in Human Beings: the Global Perspective and the Role of the Media” for students and postgraduates of the Moscow State University’s Faculty of Journalism. The university taught a year-long course at its journalism faculty on reporting human trafficking issues beginning in the spring semester of 2012. We published a course book based on this material earlier this year together with the university and the Russian Union of Journalists that was partially funded by the United States.

The United States has played a key role in increasing awareness, not only through the annual Trafficking in Persons Report and the work of many dedicated government officials and legislators at the national, state and local level, but also through supporting the work of numerous NGOs active in the field. This has led to increased understanding by policy makers and legislative reform, improved co-operation among stakeholders, better statistical knowledge and understanding of trafficking in human beings on the basis of concrete evidence, increased training and educational activities, and improved identification and protection of victims of trafficking.

The fight against trafficking in human beings has also been strengthened thanks to increased co-operation which leads to the adoption of regional action plans, such as the CIS Program of Co-operation to Combat Trafficking in Human Beings (2011-2013). Another regional good practice is the development of Transnational Referral Mechanisms for the protection of trafficked persons, an effort which builds on the OSCE/ODIHR work on national referral mechanisms, and which was funded by USAID.

Co-operation beyond the borders of the OSCE region is essential to combat human trafficking. The OSCE has developed special relations with six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel, Jordan, Morocco and Tunisia, based on a wide and consolidated framework for dialogue and co-operation. The topic of human trafficking was among the key areas for enhanced dialogue with the Partners, given the transnational nature of this crime and the ever changing patterns of this phenomenon that require the involvement of further stakeholders outside the OSCE region.

The Partners for Co-operation in Asia was launched in the early 1990s to foster a flexible dialogue with the OSCE, at the time when the Organization was taking on a more formal structure, and it now includes Japan, Korea, Thailand, Afghanistan and Australia. I have devoted particular attention to co-operation with these partners, speaking at conferences in Thailand, Australia and elsewhere in the region to ensure that our efforts to combat trafficking jointly are sustained and effective.

Although numerous good practices exist in the OSCE participating States, a significant gap between regulation and actual implementation has been highlighted. There is no doubt that trafficking in human beings has developed into a major criminal phenomenon entailing gross violations of human rights and fundamental freedoms, and heavily affecting economic and labour market sectors such as agriculture, construction, fishing, the textile industry, tourism and domestic work. According to a 2012 report by the International Labour Organization (ILO) an estimated 20.9 million people were in forced labour globally, with women and girls representing 11.4 million, or 55 per cent of the total. Separate data compiled by the United States Department of State showed that globally there were 7,705 prosecutions for human trafficking in 2012 and 4,746 convictions with 46,570 victims identified. This compares to 7,206 prosecutions for trafficking in 2011, and 4,239 convictions, with 41,210 victims identified.

The ongoing fallout from the global economic crisis also continues to affect sectors such as agriculture and construction, making forced labour an increasingly attractive option for unscrupulous businesses. Stories continue to surface of slavery-like conditions prevailing among workers in these sectors across the OSCE region .

To conclude on the results of government action in the OSCE area, my general assessment is that political will to combat trafficking in human beings has clearly increased since 2000. Unfortunately, the scale and the scope of human trafficking has also continued to expand as criminals devise new ways of exploiting the powerless. This should not discourage us, instead, it must stiffen our resolve as we seek to eliminate this crime.

1.2. Combating trafficking more effectively

How to deal with the nature of this phenomenon, which is increasingly linked to economic trends, related policy areas such as migration policies and labour market regulations, and national legislation? This is something we are exploring with our partners in the Alliance against Trafficking in Persons, an OSCE-led initiative and partnership with major international organizations and NGOs.

First of all, trafficking in human beings should be seen as an issue of social justice, or more precisely an issue of global justice. The criminal justice response to trafficking is still weak and must be strengthened. However, the prevention of, and fight against human trafficking is first and foremost about building a more fair society, in which there is no acceptance or indifference toward the exploitation of people who are easily enslaved simply because they are poor, destitute, uneducated, marginalised and discriminated against, and therefore deprived of the basic protection of the rule of law. This is a task for governments and public institutions, but it is also a task for every individual. To prevent and combat a massive scale human rights violation, the contribution of women and men of good will is needed, just as it happened in the history of the anti-slavery movement.

Secondly, one essential element of a new strategy to prevent and combat trafficking as a human rights violation on a massive scale is to ensure that victims and survivors have full access to justice. Access to justice includes trafficked and exploited persons’ right to compensation through the criminal justice system, civil and labour law litigation, state compensation funds or out-of-court negotiations. Only if we address a broader area of exploitation and enable every individual who worked without being fairly paid and treated to claim her or his rights, only then will we be able to encourage trafficked persons to come forward. Unfortunately we have to admit that, in the vast majority of cases, competent authorities and especially immigration authorities are still reluctant to identify actual cases as trafficking cases, even when there are clear indications of the crime; as a consequence, very often the only outcome of labour or migration checks is the immediate deportation of workers, who are not allowed to claim back-payments of their salaries and compensation.

If national legislation and practice enabled exploited persons to obtain restitution of unpaid wages and compensation, for example by ensuring free legal counselling and representation and by establishing dedicated state funds, such legislation would give justice to trafficked persons, and simultaneously enable them to start something new, and build a better life for themselves and their loved ones, wherever they decide to settle.

Thirdly, we are increasingly aware that we have to tackle all forms of trafficking in human beings. An increasing trend has been highlighted by recent assessments regarding trafficking for labour exploitation including domestic servitude, and dramatically regarding child trafficking. At the same time, trafficking for sexual exploitation has not disappeared, and even in countries in which there are indications of a decrease, we don't know if it is really diminishing or if it is merely becoming increasingly difficult to detect. Also trafficking for forced and organised begging, for forced criminality, for the removal of organs and other new and challenging forms of trafficking deserve further attention and an adequate response.

The 2003 Action Plan to Combat Trafficking in Human Beings remains our strategic document that guides the participating States in the three “P” areas (Protection, Prosecution and Prevention). Its victim centred approach was re-confirmed by the 2011 Vilnius Ministerial Declaration, and its implementation, as well as the implementation of subsequent Ministerial Decisions are an on-going process.

Still, since 2003 the OSCE participating States, international organizations and NGOs, and, in particular, the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and other OSCE executive structures and institutions, especially the ODIHR, have gained remarkable experience in combating this heinous crime, and elaborated good practices that were not reflected in the Action Plan a decade ago.

Furthermore, criminal organizations engaged in human trafficking have become much more sophisticated in their modus operandi, elaborating new subtle methods of recruitment, and penetrating new economic sectors, both legal and illicit, to exploit their victims and launder their profits. In this context we strongly support the Ukrainian OSCE Chairmanship that recognized the fight against modern-day slavery as one of its priorities, in the work on an Addendum to the OSCE Action Plan. This document, if adopted, could significantly enrich and update the Action Plan and strengthen the coherence of the OSCE response to human trafficking. We would be happy to provide technical assistance to the Chair and the participating States in this endeavour.

1.3. Combating all forms of trafficking, especially for labour exploitation and child trafficking

It is crucial to take action against the growing phenomena of trafficking for labour exploitation and child trafficking, and therefore I have sought to especially spotlight these issues during my time in office. Labour exploitation occurs in economic sectors in which demand for cheap labour is endemic, and in some instances is fostered through criminal means. Often recruitment agencies encourage migrants to borrow money to cover recruitment fees and travel expenses, and employ these and other abusive and fraudulent practices that either directly lead to trafficking or increase the vulnerability of workers to exploitation. Through a combination of wage deductions, payments in kind and debt manipulation, workers end up in situations of debt bondage in which they have no other viable option but to submit to their exploiter. To this end, I will continue to advocate the protection and promotion of workers' rights, and support the implementation of the ILO Decent Work and Social Justice Agenda, and will continue to engage with trade unions and the private sector as crucial partners to prevent and combat trafficking for labour exploitation.

In a particular area of trafficking for labour exploitation – domestic servitude in diplomatic households– my Office has pioneered work to highlight this particularly hidden form of trafficking. My Office has co-operated with countries where good practices are already in place to sensitize the other participating States on effective measures to prevent this form of trafficking, and we have already held high-level seminars in Geneva and Kyiv as part of a series partially funded by the United States. In this regard, we are glad to have the strong support of Gladys Boluda, Acting Chief of Protocol for Diplomatic Affairs. More seminars are planned in other OSCE regions to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households. On 8-9 October, a workshop will be held in The Hague for the Balkans and East European countries.

Child trafficking is widespread in the OSCE region and is reported by Europol to be a growing area of organized crime for any form of exploitation, including for child begging. It affects many vulnerable groups of children such as unaccompanied and separated, asylum-seeking and refugee children. There are also vulnerabilities involving children such as those living in institutions, or belonging to ethnic minorities among others. I have thus continued to call for the strengthening of child protection systems, as a powerful means to prevent child trafficking.

1.4. The evolving phenomena of trafficking in human beings

Trafficking in human beings is an evolving phenomena, necessitating great vigilance on the part of criminal justice and legal authorities. While physical violence continues to be regularly used against some groups of trafficked persons, more subtle methods of coercion and abuse of a position of vulnerability have appeared. These include, for example, psychological dependency in cases of domestic servitude, withholding of wages and debt bondage, and forms of “negotiation” of the exploitative terms and partial earnings sharing. In some countries, such methods, along with the fact that many victims are aware of ending up in prostitution or in an irregular job situation, may significantly challenge their position when identified and required to describe the coercion suffered.

The ever-evolving modus operandi poses a real challenge for law enforcement, prosecutors and judges, in both cultural and legal terms. For them, it is still difficult to realize that a person, although she or he has not been locked up in an apartment or in a workplace, could nevertheless be coerced to stay in an exploitative situation because she or he has no viable and acceptable alternative but to submit to the abuse. Yet in several trafficking cases, workers are induced to stay in an exploitative and slavery-like situation even if they are not paid for months.

The result is all too often that trafficking cases, especially for labour exploitation, are rarely qualified as such, criminal networks are not disrupted, perpetrators go unpunished and victims are not identified nor redressed. In order to counter this discouraging situation I have met with judges from across the OSCE region at judicial training seminars in order to ensure that trafficked people’s legal rights are upheld and given the same importance as punishing perpetrators in court. I also stress the importance of upholding the right to claim compensation, which remains one of the most neglected aspects of providing justice in human trafficking cases.

My assessment of the state of play of anti-trafficking action in the OSCE area is that, despite the significant commitments and action taken, trafficking in human beings is still not considered a strategic issue; nor does trafficking in human beings raise the same level of concern as other human rights issues such as torture, or other transnational threats such as drug trafficking. As a result, an effective law enforcement response to the evolving nature of the crime has been lacking.

2. The challenges

2.1 Implementation of anti-trafficking commitments

I am convinced that in my capacity as the OSCE Special Representative I have to promote a different perception of trafficking in human beings, which has often been treated as a marginal phenomenon, involving the profiles of only certain victims, or limited to sexual exploitation. It is time to ensure that trafficking in all of its forms is acknowledged for what it is: modern-day slavery, on a massive scale, mostly a business of organized crime and a serious threat for national and international security. Instruments that we have built over the past ten years – such as legislation, anti-trafficking policies and national machineries – should now work on a much larger scale.

I have travelled tirelessly on official country visits across the OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada, Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most recently, Romania. During the remainder of my term I also plan to carry out an official country visit to Uzbekistan.

Country visits serve to establish a direct and constructive dialogue with participating States on anti-trafficking policy. During country visits, I hold consultations with government authorities, parliamentarians, and representatives of the judiciary and NGOs on human trafficking issues and aim to share knowledge and good practices.

After each visit, I issue a country report, underlining promising practices of the country, as well as challenges discussed and areas where anti-trafficking policy could be enhanced. The report contains concrete and focused recommendations to support the country in enhancing the implementation of OSCE anti-trafficking commitments. If the country agrees, the report is made public, with a response from the Government, where given.

Country visits are an opportunity to assess these challenges and also tackle issues such as the

lack of acknowledgement of the involvement of public officials in trafficking in human beings in some participating States. Few actions have been taken, and even fewer prosecutions have been undertaken where allegations of corruption have arisen.

Such trips also allow me to determine where there are serious gaps and challenges in the adoption of comprehensive anti-trafficking laws and National Action Plans. Some National Action Plans fail to tackle all forms of exploitation, several of which do not include trafficking in human beings for labour exploitation, internal trafficking, child trafficking, or trafficking in men. Trafficking in human beings for labour exploitation as well as all other forms of trafficking should be clearly identified and criminalised

Participating States still lack reliable data and empirical evidence to understand the problem and respond adequately at the local, national, regional and international levels, perhaps because most countries do not have a National Rapporteur or equivalent mechanism, which can monitor and report on the phenomenon and the impact of legislation, policies and initiatives. The dearth of systematic data gathering and evidence based research can have a profound impact at the national level, undermining the effectiveness of measures and the investment of funds and human resources provided to tackle trafficking in human beings.

2.2 Alliance against Trafficking in Persons

My efforts to combat human trafficking also include The Alliance against Trafficking in Persons an informal platform for co-operation between the OSCE and major international organizations and NGOs recognized for their active stand against modern slavery. The Alliance was designed to serve the following goals, beneficial for both the Alliance Partners and the OSCE participating States: exchange of best practices and information, sharing of experience, exploring new approaches to better tackle trafficking in human beings, establishing shared priorities and undertaking common initiatives, thus ensuring better co-ordination among international organizations and diminishing duplication. The Alliance also was targeted at providing the OSCE participating States and Partners for Co-operation with harmonized, evidence-based approaches, international expertise, and served as a platform for dialogue with civil society.

The foremost principle is the human rights-centred perspective at the core of all OSCE action against trafficking in human beings. This requires a holistic and integrated approach, giving first place to the rights and legitimate interests of trafficked persons. Victims should be identified at an early stage, assisted and supported in a process which aims at their recovery, and in the medium term at their social inclusion. Therefore, co-operation with civil society organizations is crucial in order to ensure that a confidence building process takes place in a friendly, respectful and protective environment.

There have been two main modalities of co-operation within the Alliance against Trafficking in Persons, our annual conference in Vienna and meetings of our co-ordination team of experts from leading international organizations, NGOs, and researchers. The United States has played a significant role in the Alliance conference, sending prominent speakers including Kenneth Morris, President of the Frederick Douglass Family Foundation, Rani Hong, Executive Director of the Tronie Foundation, James Felte, Prosecutor, Human Trafficking Prosecution Unit, United States Department of Justice, David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission, attorney and author Victor Boutros, and Ambassador CdeBaca.

2.3 Internal co-ordination and co-operation

Internal co-ordination and co-operation with other OSCE departments are another essential part of our efforts to fight human trafficking. The joint Transnational Threats Department/Strategic Police Matters Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR Anti-trafficking Programme are key partners, along with the anti-trafficking focal points in field operations.

With its comprehensive and cross-dimensional approach to combating human trafficking, the OSCE has a solid track record of utilizing and building upon the substantial work carried out by its various bodies when dealing with the problem. My Office and these partners join efforts to support participating States in their anti-trafficking work, and are committed to operating in a coherent and complementary manner on the basis of their respective institutional mandates with the common purpose of promoting the implementation of OSCE commitments at the national level. Through regular exchanges and consultations, the bodies keep each other informed, identify issues of concern and common priorities, set agendas, and maximize the use of limited resources by acknowledging and building on internal institutional resources of expertise when possible. Regular exchanges help share experiences and lessons learned, sum up and capitalize on on-going efforts, and strengthen the Organization’s institutional memory and expertise.

Co-ordination and co-operation are therefore on-going processes that take various forms, including: co-ordination meetings of structures in the Secretariat, where possible with the participation of the ODIHR; annual meetings of all OSCE bodies (for example, Anti-Trafficking Focal Points meetings hosted by my Office and/or the ODIHR, annual Heads of Mission meetings); bilateral meetings between heads of unit; and, at working level, continuous regular exchange of information, joint planning of activities, and joint development of documents and assistance to participating States, where appropriate.

2.4 Events and Publications

Occasional Papers and Annual Reports are an essential tool in the fight against human trafficking, providing valuable background information as well as policy tools for decision makers and practitioners dealing with the issue on the ground. During my time in Office, my Office has produced a number of reports and papers to assist practitioners, legislators and others. Because the Alliance conferences have been such an important forum for ground-breaking research, they have often set the agenda for new publications from my Office.

The 2010 Alliance Conference was inspired by the first Occasional Paper I published, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude . This issue has not been adequately addressed so far at the international level and across the OSCE area. The Conference highlighted that the vulnerability of the workers, mainly women and girls, derives from the fact that domestic work is usually under-regulated, under-protected and undervalued. The adoption of the International Labour Organization (ILO) Convention on Decent Work for Domestic Workers is an important step in the right direction in guaranteeing workers’ rights and preventing domestic servitude.

Domestic servitude must be detected and prosecuted. Adequate punishments are critical, including the possibility for victims to achieve compensation, and for the prosecution to reach not only the final exploiter but the whole supply chain of recruitment and placement companies.

The OSCE is part of the diplomatic community, and we are ready to take action to prevent domestic servitude in diplomatic households, for example by advocating to set up specific procedures and guarantees so that domestic workers who work for members of the diplomatic corps or international organizations are fully informed about their rights, available support, and importantly, remain in possession of their travel and identity documents.

The series of seminars to enhance the prevention of trafficking in human beings for domestic servitude in diplomatic households I mentioned earlier are an important part of these efforts, and the Occasional Paper is used as a key reference work, which was translated also into French and Russian.

A second publication, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime , implemented as part of the UN.GIFT Expert Group Initiative, is an exploratory research aimed at understanding what makes trafficking in human beings profitable, considering the demand, costs, risks, revenues, and profit margins and – consequently – to remove a powerful incentive and disrupt the trade. In order to accomplish this goal, the project focused on trafficking at both the individual level, explaining decisions individuals take while conducting a cost-benefit analysis and justifying their actions, and at the organizational level. For the latter, the study focused on a comprehensive description of the economic and social organization of human trafficking, its modus operandi, aspects of its business model, the ways in which it interfaces with other criminal enterprises, other types of crimes and the nexus between human trafficking and legal enterprises and professionals (in other words, the environments conducive to organized criminal activity).

The area least explored and understood in the trafficking process is the profit generated by trafficking and the financial investments of traffickers. It is not clear how exactly profits are re-invested to increase the trafficking business, to what extent the profit is spent in maintaining a luxurious lifestyle (the latter was more prevalent in the cases included in this study where this information was available) or how and where the profit is invested in legitimate businesses in the trafficker’s home country – or a combination of any of these. It remains one of the most important aspects in controlling trafficking as the seizure of assets of traffickers and trafficking profits will increase the cost to traffickers. Corrupt government officials and legitimate actors facilitate trafficking in human beings and protect traffickers. Their role must be examined in terms of their involvement and the degree to which they can be held accountable in trafficking prosecutions.

A number of policy measures were introduced in this research. These must be undertaken if governments are to be successful at combating trafficking and protecting victims. It is essential to raise awareness among the general population as well as other allies such as private industry. A comprehensive approach must address the supply and demand side of human trafficking, increase the cost and risk to traffickers while reducing the profits generated as a result of this crime. Finally, victim protection and upholding the rights of victims should be at the centre of any investigation.

“Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice”, was the subject of our 2011 Alliance conference, leading to the publication of An Agenda for Prevention: Trafficking for Labour Exploitation together with our 2011 Annual Report. The paper identifies a set of concrete and feasible measures, to be implemented both in countries of origin and destination to prevent trafficking for labour exploitation. Such measures could form an integral part of the political agenda of governments, parliaments, governing judicial bodies, the private sector, and civil society organizations. I have advocated for their adoption during country visits and on the occasion of meetings with government authorities of the OSCE participating States.

People seeking a better job and finding themselves in a situation of social vulnerability and trafficking - be they irregular/regular migrants or people who are vulnerable for different reasons such as age or disability or discrimination - should be seen first and foremost as workers. They would not fall prey so easily to traffickers if they were granted a decent salary and decent working and life conditions. They are not only men but also women, looking for better opportunities abroad to support their families and ensure education and health care for their children. They are children trying to reach a country where they hope to find a gainful job and subsequently reunite their family. Irrespective of their migration status, they should be considered rights holders as workers whose rights must be protected and promoted.

Furthermore, it is necessary to address not only immediate factors which cause or facilitate trafficking but a larger spectrum of exploitation, involving especially migrant workers. To this end, it is necessary to put in place tailored measures to respond to the different needs of workers, aimed at reducing their vulnerability to trafficking. In this light, trafficking should be considered as a severe form of exploitation of workers in a position of vulnerability, by debt bondage or threats or multiple dependency or psychological constraint.

In 2011, I also organized an “Alliance Expert Seminar on Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking", bringing together leading experts from the fields of law enforcement, international finance and human trafficking to discuss this issue. Investigative information shows a vast phenomenon of reinvestment of the proceeds of trafficking, especially in countries of origin. Money laundering is generally considered one of the common denominators of organized crime and the necessary interface between licit and illicit markets. Through money laundering, the proceeds of any illegal activities including trafficking in human beings are conveyed to the legitimate economic sector for business investments.

The expertise shared at the seminar and subsequent research will allow us to publish our forthcoming Occasional Paper on Leveraging Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It provides an overview of human trafficking and anti-money laundering regimes and how they can interact, describing key issues and challenges for leveraging anti-money laundering regimes to combat trafficking as well as identifying existing good practices, tools, and resources to address the financial and business aspects of trafficking, and provides recommendations to relevant government agencies, NGOs, banks and businesses. In addition, the report includes several case studies of human trafficking and migrant smuggling that highlight existing challenges and practices, as well as a list of possible financial indicators of human trafficking activity.

Our findings suggest that trafficking in human beings and money laundering share several important interfaces, and that efforts to combat trafficking could be significantly enhanced through increased and improved use of the already-available detection, investigation, co-operation, and confiscation tools that are a part of anti-money laundering regimes. By increasing co-operation between agencies, institutions, and professionals that focus on trafficking in human beings and money laundering and facilitating the sharing of expertise and information, national authorities can significantly improve their capacity to identify and explore new information sources and investigative techniques to target and confiscate the criminal proceeds that drive the business of trafficking in human beings.

However, there is currently a significant disconnect between anti-trafficking and anti-money laundering efforts in most jurisdictions, and significant need for more effective use of key anti-money laundering elements such as financial investigations of human trafficking cases, identification and analysis of trafficking-related suspicious transaction reports, and effective inter-agency co-operation between financial intelligence units and law enforcement agencies. The national legal framework to facilitate effective and timely identification, reporting, and response to suspicious financial activity related to trafficking is lacking in many jurisdictions and there is a shortage of financial expertise in law enforcement agencies. International co-operation on financial and other aspects of human trafficking is often slow and limited.

The report lays out existing good anti-money laundering practices, tools, and resources to combat human trafficking, as well as relevant cases studies, that were identified by practitioners. These practices, tools, and resources include secure platforms for international information sharing on trafficking and money laundering-related issues between law enforcement agencies and between financial intelligence units, useful legal tools and typologies by international organizations, investigation, co-operation, and enforcement procedures by law enforcement and prosecution agencies, and advanced detection and analysis methods of financial institutions to identify and report suspicious human trafficking activity.

The 12th Alliance conference “An Agenda for Prevention: Non-Discrimination and Empowerment,” inspired my Office to produce a paper looking at discrimination as both a root cause and a consequence of human trafficking. The conference paved the way to better identify linkages between trafficking in human beings and various aspects of discrimination, and to explore how anti-trafficking and anti-discrimination measures can enhance each other.

The document presents main issues and challenges discussed during the conference, by also highlighting and further exploring some of them. It also provides a short overview of the legal framework of the non-discrimination principle underscoring its correlations with the anti-trafficking principle. Definitions of the main forms of discrimination are provided to ensure a common understanding of the concepts employed throughout the document. The paper presents a set of recommendations aimed at improving legislation, policies and practices addressing multiple and intersectional discrimination and trafficking, and their correlations.

I have also issued several noteworthy papers this year. The first, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking , provides specific legislation and policy guidance on the non-punishment principle, making it easier to implement this difficult concept in practice. The non-punishment principle has been solemnly affirmed in OSCE commitments since

2000 and it has become a legally binding obligation for all those OSCE participating States who are parties to the Council of Europe Convention on Action against Trafficking in Human Beings and/or are members of the EU.

However, evidence to date confirms that victims of trafficking in human beings are routinely punished (through administrative detention and the imposition of fines amongst other means) and prosecuted throughout the OSCE region for crimes which were committed as

a direct consequence of their trafficking, such as for immigration offences, the use of false documents and drug cultivation. This current situation represents a very stark violation of the human rights of victims and frankly speaking, one of the most appalling injustices.

It is well established that victims of trafficking in human beings stem from the most vulnerable sectors of society; victims are frequently discriminated against, experience socio-economic marginalization, are exploited, without social protection. That these same persons should be tried for crimes committed while in a state of exploitation only serves to lengthen their ordeal and in many cases to threaten their personal safety and liberty as well as to gravely diminish their future prospects of rehabilitation and social inclusion. The starting premise of all efforts to combat human trafficking must be the full protection of the human rights and dignity of victims.

Torture is another aspect of human trafficking that has received very little attention. In order to raise awareness of this terrible human rights violation, we issued the Occasional Paper Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment . It is the first time, and hopefully not the last, that we developed and issued a research paper in partnership with other institutions, to study both the clinical and legal aspects of this problem. I am very proud that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to partner with two institutions of long-standing expertise and excellence on such an important topic. I see it as my responsibility to ensure that trafficking in human beings is understood in all its complexity, and to deepen this understanding by demonstrating how it is connected to other human rights violations, including torture and other forms of ill-treatment. In particular, it is my duty to denounce and condemn the practice of torture as a method used by traffickers to subjugate, control and exploit victims of trafficking in all its forms.

This research shows indeed very well the extent to which trafficking in human beings is associated with violence and human suffering, such that we can compare it and even consider it to be a form of torture. This association clearly indicates that THB is not only a violation of human rights, is not only a crime, it is also something whose existence is unbearable, against which it is necessary to mobilize moral resources, as in the case of historical slavery. It also suggests, in my view, new criteria to enhance political will against both trafficking and torture, and new means to provide victims with additional protection such as reparation which includes not only compensation but also rehabilitation and satisfaction.

I am convinced that the findings of this paper will provide important guidance to state actors, civil society and the international community, to contribute to the improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look

forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical profession, civil society, academics, and international organizations

to prevent and combat trafficking through an approach rooted in the rule of law and human rights.

The role of human trafficking in the global organ trade is another area that has received little attention in the past. For this reason, I issued our Sixth Occasional Paper, Trafficking in Human Beings for the Purpose of Organ Removal in the OSCE Region: Analysis and Findings . To the best of our knowledge, this is the first research paper based on an analysis of available case studies in the OSCE region.

Trafficking for the purpose of organ removal is included in the United Nations Palermo Protocol on Trafficking of 2000 in its definition of trafficking in Article 3, but in fact this form of trafficking remains one of the most unknown and least addressed. In recent years however, we have seen an increase in attention to the subject, in part due to several high profile cases within the OSCE region, as well as due to the long-standing efforts of investigative journalists, academics and victim advocates who have gone to great lengths to shed light on this phenomenon.

Like all other forms of trafficking, it is a violation of the fundamental human rights and dignity of individuals, while also clearly representing a grave form of transnational organized crime. Our findings thus far confirm that very many countries are affected or involved in this form of trafficking in one of a myriad of possible ways, including as: countries of origin for victims, so-called brokers, traffickers, organizers, facilitators, and organ recipients, and/or as sites of transplant centres, clinics, or hosts of medical professionals such as anaesthetists, surgeons, nurses, nephrologists.

Taking into consideration all of these different roles, I can report to you that over a third of the OSCE region has been affected or involved in some way in this form of trafficking. Our research findings confirm a trend that we see across the board in all cases of trafficking, that is, that there is an apparent shift in the modus operandi of traffickers away from hierarchical structures towards loosely structured but highly competitive networks. A further feature of this evolving modus operandi is a highly specialized division of labour.

Persons trafficked for organ removal also face particular challenges, both during and after the organ removal, and hence we have devoted a special chapter to these issues. Victims are reported to receive small amounts of money, and in some cases, no payment at all. They are often unaware of the long-term and debilitating medical consequences of organ removal and lack of post-operative care as well as the psychological impact of the operation. Victims report strong feelings of shame and social stigmatization within their communities,

which may contribute to a lack of access to medical and psychological care. Victims should thus receive compensation for the full impact of the crimes, including not only the immediate and chronic health consequences, but also the effects on their psychological well-being, as well as on their financial situation, or impacts on their livelihood and social integration.

Another issue which I would like to call attention to is the link between trafficking for organ removal and corruption. We know that corruption is an important factor in all forms of trafficking. This is perhaps even more pronounced in cases of trafficking for organ

removal because of the important role of “white collar criminals” – here I am referring to the administrators, medical professionals and in some cases, official representatives

whose contribution to the criminality is often essential in terms of accessing the certification,

approval and medical equipment necessary to set up a transplant clinic. Thus I would say that the role of corruption is decisive in these cases.

In February, I held a seminar in Rome on “Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region”, focusing on human trafficking from the southern rim of the Mediterranean to Europe, with a particular focus on labour exploitation.

The insightful presentations and discussions at this high-level event have allowed us to produce our forthcoming paper on Enhancing Co-operation to Prevent Trafficking in Human Beings in the Mediterranean Region.

Progressive tightening of migration policies in the northern rim of the Mediterranean, as well as the political instability in the southern rim, particularly in the aftermath of the so-called “Arab Springs”, have fuelled the migration scenario in the region by increasing irregular flows of persons, especially from Tunisia and Egypt, in search for better living and working opportunities as well as international protection in the European Union.

While issues relating to mixed migration flows in the Mediterranean Region have usually been considered in the framework of smuggling of migrants, recent research and investigations demonstrate that a strong linkage exists between migration processes and subsequent exploitation, both in intraregional migration flows as well as towards the northern rim of the Mediterranean. The stories of the victims provide evidence that migrants - men, women and children - including those entitled to international protection, find themselves in a situation of serious social and economic vulnerability, and often end up being obliged to work in extreme exploitative conditions, particularly in some sectors that are more prone to labour exploitation, such as agriculture, construction and domestic work.

The conference explored the nexus between trafficking in human beings and salient aspects of the current debate on globalization, including the interconnection between human trafficking and inequalities, importantly those linked with migration, as well as the increasing use of unpaid work to foster the illicit accumulation of wealth, which is at the core of contemporary slavery.

The conference also highlighted the economic, social and political costs of modern-day slavery both in terms of the violation of human rights and dignity of trafficked persons, and in terms of disruption of healthy and legitimate businesses, massive tax evasion, corruption, and erosion of the rule of law. It explored how the approach of global justice can contribute to defining a comprehensive strategy to tackle trafficking in human beings as an increasingly structural component of our societies and economies, to promote the rule of law and a fairer distribution of resources at the national and international levels, and to identify a range of actions aimed at ensuring legal and economic empowerment, restitution, and compensation to trafficked and exploited persons.

The publications and events I have just described illustrate how I have worked to promote a different perception of trafficking in human beings, highlighting the areas of domestic servitude, the trafficking business model, labour exploitation, non-discrimination and empowerment, the non-punishment provision with regard to victims of trafficking, trafficking amounting to torture and other forms of ill-treatment, and trafficking for the purpose of organ removal. These documents also show how contemporary human trafficking has evolved into a phenomenon with so many dimensions where humans were treated like commodities in a cruel and degrading way. Often, such cases were hidden for a long time before being disclosed.

3. Legacy

3.1 Second wave of anti-trafficking action

Now I would like to turn to the future, and what I have termed the new wave of anti-trafficking action which has a broader scope, is more fair and embraces an intersectional approach which places trafficking in a much wider socio-economic, cultural and political context. “If during the “first wave” – started in the 1990s – the main concern was to distinguish trafficking from other related phenomena, such as smuggling, irregular migration or prostitution, today it is crucial to take into account the multiple forms of trafficking along with a broad range of related policies, from labour markets to migration and anti-discrimination policies.”

This is a crucial and innovative shift, which is directed to unravelling the multiple linkages between trafficking and cross-cutting policies, especially in the field of migration, labour market regulations and labour rights, discrimination and child protection. This is essential to develop policies, which address those structural socio-economic factors that underpin exploitation and trafficking. These factors include the neoliberal policies that appear to have contributed to more poverty, more “necessity-induced (international) migration and exploitative working practices” and to the widening divide between the haves and the have nots. These factors also include issues of race, nationality and citizenship and their related legal frameworks, which may produce legally constructed dependencies and vulnerabilities. For example, restrictive immigration policies and citizenship laws can generate inequalities and discrimination especially of migrants and ethnic minorities, hence rendering these groups more vulnerable to abuse and exploitation.

This policy shift requires states to review relevant policies and legislation to recognize the unintended impact of certain policies, to develop more nuanced responses which acknowledge the complexity (and ambiguities) of people’s lived realities of exploitation and trafficking, and which contribute to building and strengthening coherence with the goal of tackling exploitation and human trafficking. This also needs planning and co-ordination across various sectors of government and with key external stakeholders (e.g. civil society, private sector, international development organizations etc.) in order to design multi-packaged interventions, which act upon multiple structural contextual factors with a combination of measures. For example, it may be necessary to design economic policies targeting the informal and black economy, policies which are tailored to the economic sector and to the logics of production and marketing within that sector; as well as targeted policies to promote local development, legality and tolerance; these efforts should also include measures for legal counselling services for migrants, capacity building of outreach for rights awareness and basic health care, employment schemes targeting vulnerable groups etc. In other words, this means multidisciplinary policies, mainstreaming and complementing measures aimed at the prevention of exploitation and trafficking in other policy areas with a view to mitigating risk factors by strengthening the general protection of the law for vulnerable and marginalized groups.

In conclusion, the challenges we face are related to the magnitude of trafficking in human beings as modern-day slavery, and a component of illegal markets generated by organized crime. This situation requires a proactive approach, aimed at detecting emerging threats for security at the global and regional level.

Our common commitment should be to acknowledge that slavery still exists more than 150 years after your US President Abraham Lincoln issued the Emancipation Proclamation, and consequently to free the slaves. This means empowering trafficked persons and supporting them in their aspiration to take their lives and their destinies into their own hands.

Today we know much more about the profile of traffickers, about the vulnerability of their victims and modus operandi of recruitment into slavery through fraud and deception, about billions of dollars of illicit profits and money laundering, about multiple sectors prone to exploitation, permanently changing routes, and numerous indicators helping to identify cases than we did in 2003 when the Action Plan was issued. Today we can say that we are proud of the Plan: its impact on capacity building in the OSCE region was crucial, and its recommendations were successfully applied in the vast majority of OSCE participating States, who replicated it, in accordance with the national context, in their National Action Plans and anti-trafficking programmes.

But no, we cannot feel satisfied because trafficking networks are never static, they develop new sophisticated tools to enslave men, women and children, to allow illegal money to enrich criminal networks through investment into legal economies that threaten the economic security of the participating States. They adapt their modus operandi to the changes in our legislation or in our migration policies. They follow the demand of the market and are on hand to provide the labour force where it is needed most urgently. And from the data we have, we can say that we, together, have to start a new chapter in addressing this global scourge.

Finally, I would like to thank you again, the leadership and staff of the U.S. Helsinki Commission, for holding this important hearing, for your kind invitation to testify before you today, and for your dedication to this challenging issue.